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  1. #1
    david's Avatar
    Join Date
    Jun 2005
    Cote d´Azur

    Default The legality of selling testers ? !

    Hi everyone,

    I buy testers all the time and it saves me a fortune !!!......... I´m certainly not complaining.
    Now, nearly all the webstores offer them quite openly for sale.
    I´m just confused and curious to know "technically" how they can do this without receiving law suites ?

    In the department stores they say "NO, this is very much an ILLEGAL practice"
    Yet the evidence is plain to see, they are being openly sold by big companies.

    In germany now, the economy has become so bad, ( we are really in a deep depression) that it has forced some of the smaller chains to do it. But it´s really hush, hush and under the counter.

    Then there´s the issue of luxury taxes, how does that effect testers ?

    I am intrigued by the whole issue, can anyone please enlighten me ???
    RARE PERFUME DECANTS - FACEBOOK (closed group) - Hundreds of ultra rare extraits available, including Djedi and Nombre Noir.

  2. #2

    Default Re: The legality of selling testers ? !

    Why worry? *It's not illegal to sell a tester, I think. *It may be a violation of their contract, and the vendor may no longer do business with them or may even sue them, but I don't think there's a law. *Well, I don't know, you're in the EU, and the EU seems to regulate everything to the most ridiculous degree, so who knows? *But I think that's just department store speak. *After all, department store sales people say all sorts of things to slag off stock not sold in department stores: *"It's so old!" *"It's all counterfeit!" *"It's stored badly and has gone bad!" *"It's cursed by a witch doctor and will give you cancer!"

    The burden is on the seller. *Let them go to jail while you save some money. *Don't sweat it...

  3. #3

    Default Re: The legality of selling testers ? !

    I also don't think there's a low to avoid that. It would rather be up to the Perfume Company to allow this practice or not, but I guess they will never sue a seller that, at the end, is helping them to promote and trade their products.
    « L'odeur de rose, faible, grâce au vent léger d'été qui passe, se mêle aux parfums qu'elle a mis.»
    [ Paul Verlaine ]

  4. #4

    Renato's Avatar
    Join Date
    Aug 2001

    Default Re: The legality of selling testers ? !

    "NO, this is very much an ILLEGAL practice" is a plain and simple outright lie made to you by the department store.

    There is no law saying that a retailer cannot sell what a manufacturer labels as "Not for sale".

    The manufacturer may have entered into agreements with wholesalers and retailers that they are not to sell testers. If they break that agreement, the legal issue is between those two parties and not with the third party who has come along and bought the tester.

    This whole tester issue is pretty silly anyway. Someone here once cited the cost of a bottle of scent as being around $5. The cost of a bottle of tester is probably that amount less a few cents for packaging.

    When was the last time you went to a department store where they said "We have no testers, and none are available anywhere"?
    Why do manufacturers make so many bottles of testers, so much so that they could never possibly all be used up for the purpose for which they were supposedly intended, but instead seem to make more than enough to meet the needs of an enormous "grey market" in testers?

    Pardon my scepticism, but if there is a buck to be made satisfying a market, manufacturers will go and make it.

  5. #5

    narcus's Avatar
    Join Date
    Mar 2005
    Königl. Preussen

    Default Re: The legality of selling testers ? !

    Quote Originally Posted by david
    Hi everyone,

    Then there´s the issue of luxury taxes, how does that effect testers ?

    I am intrigued by the whole issue, can anyone please enlighten me ???

    David, I hear all kinds of things from Germany, but one problem they do not have is luxury tax! (you can test that, ask any Mercedes dealer for the rate!)
    Not selling testers but 'unboxed' seems to be another competitive method. I just saw that Michael Kors sells with and without box at a difference of about Euro 10.- !
    'Il mondo dei profumi è un universo senza limiti: una fraganza puo rievocare sensazioni, luoghi, persone o ancora condurre in uno spazio di nuove dimensioni emozionali' L. V.

  6. #6

    Default Re: The legality of selling testers ? !

    It's legal.

    Department stores don't sell testers for a myriad of reasons, one of which is that they are under agreement with the distribution companies to use testers (and gratis, and GWP, and PWP) only for the intended purpose and sell none of them on their own. Perfumania gets away with it because often these companies receive their shipments from other places than the distribution company, and so aren't under contract to not resale a tester. That's the main difference, at least here in the States, but you might want to check local laws to see if they apply.

    The pursuit of philosophy is the hope that there is more to life than we realize. By philosophy, however, we come to realize that in fact there is less to life than previously imagined.

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